Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Mauritania (Ratification: 1961)

The Committee notes the information provided by the Government in its report. It notes in particular the latest increase of 15 per cent in the minimum guaranteed inter-occupational wage (SMIG) in 1998, raising its level from UM8,312 per month to UM9,560. The Committee also notes that in practice the wages actually paid are much higher than the statutory minimum levels. It would be grateful if the Government would provide further information with its next report on the following points.

Article 1, paragraphs 1 and 2, of the Convention. The Committee notes that, according to the Government’s report, homeworkers are a category of employees under the responsibility of their employer for their keep in accordance with the customs of this type of employment. In this respect, the Committee recalls that the objective of the Convention is to provide a basis for the fixing of minimum wage rates in occupations, and particularly home-working occupations, in which no arrangements exist for the effective regulation of wages by collective agreement or where wages are exceptionally low. It therefore requests the Government to indicate whether machinery exists for the fixing of minimum wages applicable to this category of employees where the regulations respecting the SMIG are not applicable to them.

 Article 3, paragraph 2(3). The Committee notes that under section 84 of the Labour Code the reduced rates applicable to workers under 18 years of age may be determined by decree issued following the advice of the National Labour Council. Recalling paragraphs 169 to 181 of its General Survey of 1992 on minimum wages, the Committee draws the Government’s attention to the fact that the Convention contains no provision providing for the fixing of different minimum wage rates on the basis of age and to the necessity to respect the general principle of equal remuneration for work of equal value, as set forth in the Preamble to the Constitution of the ILO, where explicit reference is made to this principle, as well as in section 78 of the Labour Code, which prohibits wage differences based on age, among other factors. It would be grateful if the Government would indicate whether such reduced rates are currently applied and, if so, to provide copies of the legislative or other texts establishing them, as well as to explain the reasons for setting lower minimum wage rates on the basis of age and the manner in which compliance is secured with the principle of equal wages for equal work. The Committee would also be grateful to be provided with a copy of any new text revising the SMIG .

Article 5 and Part V of the report form. The Committee once again requests the Government to provide any available information on the application of the Convention in practice, including the minimum wage rates in force, the number and various categories of workers covered by minimum wage regulations and the results of the inspections carried out (number of violations reported, nature of the penalties imposed, etc.).